Term and Conditions Testo
Terms and Conditions
1. LEGAL BASIS OF TOURIST PACKAGE: AN INTRODUCTION
a) The Italian Legislative Decree n. 206 of 06.09.05, prompted by European Council Directive of 13.06.1990, aims to clarify and modernise the scope of travelers' protection when purchasing combinations of travel services for the same trip or holiday: the organizer or agency must hold a license in tourism in order to offer and sell travel packages. The license in tourism certifies that the agency or the organizer has the ability to sell quality and safe services for consumers.
b) Pursuant to Article 85 of the Italian Legislative Decree 206/05, a consumer shall receive, once purchased the tourist package, a copy of the contract document, which is indispensable for applying, should the need arise, to the Guarantee Fund.
c) Pursuant to Article II/84 of the Italian Legislative Decree 206/05, tourist packages comprise travel, holidays, package tours, tourist cruises, for a period exceeding 24 hours (comprising at least one night), resulting from the combination, realized by any party and in any way whatsoever, of at least two of the following elements, sold or offered for sale at a flat-rate price:
- tourist services, not accessory to transport or accommodation, which constitute, for the satisfaction of the recreational requirements of the tourist, a significant portion of the tourist package.
2. LEGISLATIVE PROVISIONS
Contracts, whose subject matter is the purchase of tourist packages, are governed, other than by the clauses of the General Terms and Conditions of the Contract of Sale for Tourist Packages for Italian and International destinations, also by the following provisions:
- Travel contracts are governed by law No. 1084 dated 27 December 1977, in ratification and implementation of the International Convention on Travel contracts (CCV) signed at Brussels on 23 April 1970 and also by the Consumers Code, approved with Legislative Decree No 206/2005;
3. TECHNICAL FORM
Technical Organization: Satam Viaggi by Satam S.r.l. – License No 342 of 27.06.1997 – Insurance policy No 191976 of 09/12/2012 signed with insurance company Aga Allianz Global Assistance for the civil liability referred to in Articles 15 e 16 of the Italian Legislative Decree 111 of 17.03.95
The booking request must be drawn up on the specific form, which may be electronic, filled in throughout, signed by the customer (who will get a copy), and sent either by e-mail or by fax. Acceptance of bookings will be deemed to have been effected, with consequential conclusion of the contract, only when Satam Viaggi (Satam Viaggi S.r.l.) sends confirmation, also by remote electronic means, to the customer, possibly also via the selling travel agency. Any indications relating to the tourist package not contained in the contractual documents, in the catalogue or in other written forms of communication, will be provided Satam Viaggi (Satam Viaggi S.r.l.) in normal fulfilment of the obligations imposed on it by Italian Legislative Decree 206/05, in good time before the start of the trip.
Apayment must be made by way of deposit on the booking representing 25% of the price of the tourist package. The balance must be paid at least 20 days prior to departure or contemporaneously with the booking if this is made during the period of 20 days prior to the departure date. Failure to make the payment of the aforementioned amounts within the due dates constitutes an express termination clause according to which Satam Viaggi (Satam Viaggi S.r.l.) will be entitled, by virtue of this very fact, to consider the contract automatically terminated.
The prices of the tourist packages published in the catalogue, or calculated by Satam Viaggi (Satam Viaggi S.r.l.) for the section “Plan Your Tour”, are expressed in Euros, on the basis of the contracts entered into by Satam Viaggi (Satam Viaggi S.r.l.) with the carriers and suppliers. The price of the tourist package is determined in the contract, with reference to the information as stated in the catalogue or in the information leaflet and any subsequent updates to the same that may have taken place. Revision of the sale price of the tourist package agreed between the parties is admissible up to 20 days prior to the trip, as a result of a variation in the cost of transport, fuel, duties and taxes such as those for landing, disembarkation or boarding in the ports and airports, or in the exchange rate applied. For such variations, reference shall be made to the above mentioned costs and exchange rates applicable on the date of stipulation of the contract, and written in the technical form.
7. WITHDRAWAL OF THE CONSUMER
The consumer may withdraw from the contract without the application of a penalty in the following cases:
- increase in the price referred to under the preceding Article 6 of more than 10%;
- the amendment to a significant extent of one or more elements of the contract which may be objectively considered as of fundamental importance for the purposes of the enjoyment of the tourist package proposed by Satam Viaggi (Satam Viaggi S.r.l.) as a whole following the stipulation of the contract itself but prior to departure and not accepted by the tourist.
In the cases referred to above the tourist will have the following alternative rights:
- to opt for an alternative tourist package, without increase in price, or for the return of the excess price, should the second tourist package be of inferior quality to the first;
- to be refunded only that part of the price already paid. Such refund shall be effected within seven working days from the moment of receipt of the request for reimbursement.
The consumer will be required to communicate his decision (acceptance of the change or withdrawal) within and no later than two working days from the moment of receipt of the notice of change or price increase. In default of express communication within the above time limit, the proposal effected by the Satam Viaggi (Satam Viaggi S.r.l.) will be deemed to have been accepted.
Save as may be provided otherwise in special conditions, any tourist withdrawing from the contract prior to departure and not falling within the cases governed by these general conditions and by Legislative Decree 79/2011, will be charged – apart from the initial deposits already paid – the specific individual handling costs of the dossier, payment for insurance cover already requested (if any) at the time of stipulation of the contract or for other services already rendered and the penalties calculated according to the following percentages on the amount of his participation price, determined on the basis of the number of days prior to the departure date the communication was received (the calculation of the number of days does not include the date of the withdrawal –this must be received on a working day prior to the departure):
- from 59 to 31 days: 85% for all trips and stays;
- from 30 to 0 days: 100% for all trips and stays;
No reimbursement will be available for anyone not turning up for departure or withdrawing during the trip itself. Similarly, no reimbursement will be made to anyone unable to make the journey due to inadequate personal or travel documents.
8. CHANGES REQUESTED BY THE CUSTOMER
Any changes requested by the customer when the booking has already been made will not be binding for the Satam Viaggi (Satam Viaggi S.r.l.), who may decide at its own discretion whether or not to accept them. In any case, a request for changes by the customer will entail a fixed charge of not less than € 32 for administration costs for changes relating to: place of departure, hotel services, the hotel itself, reduction in the duration of the stay, hiring and miscellaneous costs, departure date. The reduction of the number of participants is intended as “partial cancellation” (see Article 7 of Terms and Conditions)
9. AMENDMENT OR CANCELLATION OF THE TOURIST PACKAGE BEFORE DEPARTURE
Should Satam Viaggi (Satam Viaggi S.r.l.) need to modify one or more parts of the contract in a significant manner prior to departure, it shall immediately inform the customer by written communication, stating what the changes are and the consequent price variations.
If the tourist does not accept the modified proposal referred to in the above paragraph, the Satam Viaggi (Satam Viaggi S.r.l.) shall provide an alternative tourist package, or the customer has the right to withdraw from the contract without having to pay a penalty and will be entitled to the treatment provided for in Article 42 of Legislative Decree 79/2011 (see Article 7 of Terms and Conditions).
Similarly, the tourist may exercise the rights provided for above even when the cancellation is due to failure to reach the minimum number of participants foreseen in the catalogue or in the out-of-catalogue program, or due to unforeseeable events or cases of force majeure affecting the tourist package purchased.
If, following departure, an essential part of the services stipulated in the contract cannot be supplied, Satam Viaggi (Satam Viaggi S.r.l.), (pursuant to former Article 1469 bis n.5 Cod. Civ.) shall provide alternative solutions for the continuation of the scheduled trip without extra charges of any kind for the tourist or, alternatively, it shall reimburse to the latter the difference between the services originally envisaged and those effectively provided, without prejudice to compensation for any damage that the tourist can prove to have suffered.
10. CHANGES AFTER DEPARTURE
If, after the date of departure, Satam Viaggi (Satam Viaggi S.r.l.) finds itself impossible to supply, for whatever reason, except in instances caused by the consumer, an essential part of the services considered in the contract, the organizer must arrange alternative substitutions, without charging a supplement in price, and if the supplier should cost less than that originally planned, the consumer will be paid the difference. If it is not possible to find an alternative solution, or rather the alternative offered by the organizer has been refused by the consumer for justified reasons, the organizer will give, without a supplement in price, a means of transport equivalent to that originally booked for the return to his or her departure location or to a different location to be agreed upon, compatible with the availability of means and the spots available and the consumer will be reimbursed the difference between the cost of the expected services and those services rendered up until the moment of anticipated return.
11. SUBSTITUTIONS – TRANSFER OF THE CONTRACT
The client may have himself replaced by a third party provided that the said party meets all the requirements for using the service, in the relations deriving from the contract, by communicating in writing to the organizer or the intermediary at least four working days before the departure date, that he is unable to use the tourist package and providing all the details of the transferee.
The transferor and the transferee shall also be jointly liable towards the organizer or the intermediary for the payment of the price and of any further expenses deriving from the transfer.
The transfer will only be possible if the transferor or the transferee reimburses to the organizer all the additional expenses incurred in order to effect the substitution which shall be quantified prior to the transfer (former Article 89 d.lgs. 206/05).
The transferee must meet all the requirements for using the service and, in particular, must possess all the prerequisites related to passport, visas, and health certificates, and on condition that the services forming the subject matter of the contract, or those offered in substitution of the same can still be provided following a substitution.
In relazione ad alcune tipologie di servizi, può verificarsi che un terzo fornitore di servizi non accetti la modifica del nominativo del cessionario, anche se effettuata entro il termine di cui al precedente a). Satam Viaggi di Satam S.r.l. non sarà pertanto responsabile dell’eventuale mancata accettazione della modifica da parte di terzi fornitori di servizi. Tale mancata accettazione sarà tempestivamente comunicata da Satam Viaggi di Satam S.r.l. alle parti interessate prima della partenza.
12. TOURIST OBLIGATIONS
During the preliminary meetings and, in any case, before the signing of the contract, Italian citizens are given general information in writing – updated to the date of publication of the Catalogue – concerning the health requirements and documentation needed to go abroad, in accordance with the terms laid down in Legislative Decree 79/2011.
Foreign citizens shall obtain similar information from their diplomatic representatives in Italy and/or official Government channels.
In all cases the tourists shall, before departure, check the latest update with the competent authorities (for Italian citizens at the local Questura (Police Headquarters) or the Ministry of Foreign Affairs on the site www.viaggiaresicuri.it or the Telephone Switchboard No. +39-06-491115) in order to comply with their guidelines before departure.
In the absence of such verification, the seller or organizer shall have no responsibility for the non-departure of one or more tourists, due to lack of, or irregularities in, the documents required for travelling abroad. Tourists shall inform the seller and the organizer – under their own responsibility, also as regards the exactness and truthfulness of the information and data supplied – of their citizenship and, at the time of departure, they must be certain that they possess the vaccination certificates, their own passport and any other valid document necessary to enter the countries included in the tourist package, including entry and transit visas, and any health certificates or health and insurance policies that may be required.
Finally, in order to evaluate the health and security status of the countries to be visited and thus the effective usability of the services purchased or to be purchased, the tourist shall obtain (utilizing the sources indicated above) the official general information available at the Ministry of Foreign Affairs, which specifically indicates whether travel to the destinations is formally not advisable. Tourists shall also adhere to the normal rules of prudence and diligence and to those specific rules in force in the countries to be visited, as well as to all the information supplied by the organizer and the rules, administrative or legal instructions pertaining to the tourist package.
Tourists will be liable for any damage which the seller and/or the organizer may suffer also as a result of failure to comply with the above mentioned obligations.
The tourist is, moreover, bound to supply the organizer with all documents, information and other elements in his possession which may be useful to the latter in exercising the right of subrogation against third parties responsible for the damage (Article 48 of Legislative Decree 79/2011) and he is liable towards the organizer should he obstruct the latter in the exercising of its right of subrogation.
At the time of booking, the tourist shall also inform the organizer in writing of any particular personal requests, which may form part of a specific agreement, relating to travel arrangements, provided that they can be carried out. The tourist must always inform the seller and the organizer of any special needs or conditions (pregnancy, food allergies, disabilities etc.) and clearly specify the request for particular personalized services.
13. HOTEL CLASSIFICATION
The official classification of hotels is provided in the catalogue or in other informative material only on the basis of the express and formal indications provided by the competent authorities of the place in which the service is provided. In the absence of official classification recognized by the competent Public Authorities to which the service refers, the organizer reserves the right to provide its own description of the accommodation structure in the catalogue or brochure, in order to allow the tourist to evaluate it and consequently accept it.
14. LIABILITY REGIME
Without prejudice to the rights of the tourist in cases of withdrawal or cancellation of the service pursuant to Article 42 of Legislative Decree 79/2011, in the event of the total non-performance or improper performance of the obligations taken on with the sale of the tourist package, the organizer and the intermediary are bound to pay compensation for damage, each according to its respective liabilities. Failure to maintain the quality standards of the service promised or published is considered as being improper performance. The organizers or intermediaries using other service providers are, in any case, bound to compensate the damage suffered by the tourist, reserving the right to take action, in turn, against the former.
Injury deriving to persons as a result of non-performance or improper performance of the services making up the tourist package is indemnifiable according to the regulations laid down by the international conventions to which Italy or the European Union adhere, which govern the individual services included in the tourist package, as implemented in the Italian legal system.
The right to compensation for damage becomes statute-barred three years after the date of the tourist's return to the place of departure; this term is reduced to eighteen or twelve months in cases concerning non-performance of the transport services included in the tourist package for which Article 2951 of the Italian Civil Code applies.
In the case of damage other than personal injury deriving from the non-performance or improper performance of the services included in the package, the organizer will be bound to provide compensation, if its responsibility is proven, to an extent that shall not, however, exceed the minimum limits set down by the international conventions that govern the services involved in the tourist package and by Articles 1783 and 1784 of the Italian Civil Code.
Satam Viaggi (Satam Viaggi S.r.l.) and the intermediary will be released from the liabilities referred to in the previous paragraphs when the non-performance or improper performance of the contract is attributable to the tourist or derives from the conduct of a third party of an unpredictable or inevitable nature or has been caused by an unforeseeable event or by force majeure.
The organizer or intermediary will make prompt efforts to find appropriate solutions to permit the tourist to proceed with the trip, without prejudice, in all cases, to the right to compensation for damage in the event of the improper performance of the contract being attributable to the latter.
15. LIMITS OF COMPENSATION
In the case of damage other than personal injury deriving from the non-performance or improper performance of the services included in the package, Satam Viaggi (Satam Viaggi S.r.l.) will be bound to provide compensation, if its responsibility is proven, to an extent that shall not, however, exceed the minimum limits set down by the International Conventions:
The Hague Protocol, officially the Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air, is a treaty signed on September 28, 1955 in The Hague. It serves to amend the Warsaw Convention, signed in 1929; International Convention for the transportation of Passengers (CIV); International Convention on Travel Contracts (CCV) signed in Brussels on April 23, 1970.
Especially, the Article 13 of CCV states:
- The travel organizer shall be liable for any loss or damage caused to the traveler as a result of non-performance, in whole or in part, of his obligations to organize as resulting from the contract or this Convention, unless he proves that he acted as a diligent travel organizer.
- Without prejudice to the questions as to which persons have the right to institute proceedings and what are their respective rights, compensation payable under paragraph 1 shall be limited for each traveler to:
- a. 50.000 francs for personal injury,
- b. 2.000 francs for damage to property,
- c. 5.000 francs for any other damage.
However a Contracting State may set a higher limit for contracts concluded through a place of business located in its territory.
The International Conventions govern the services involved in the tourist package. They are also governed by Articles 1783 and 1784 of the Italian Civil Code.
16. OBLIGATION OF ASSISTANCE
Satam Viaggi (Satam Viaggi S.r.l.) is obliged to lend a measure of assistance to the consumer, imposed by the criterion of professional diligence exclusively according to the duties taken upon as the contract or the law says. Satam Viaggi (Satam Viaggi S.r.l.) is exonerated from the respective responsibility of the current Terms and Conditions (see Article 13 and 14) when the failed or incorrect execution of the contract can be attributed to the consumer or is dependent upon the fact by one-third of an unforeseeable or inevitable character, or rather by unforeseen circumstances or by force majeure.
Any failures in the performance of the contract must be reported by the tourist by means of the timely presentation of a written complaint, so that Satam Viaggi (Satam Viaggi S.r.l.), its local representative or tour guide may proceed to provide a timely solution.
The tourist may also make a claim by sending a letter by registered mail, or by another method that guarantees notice of receipt, to the organizer or the intermediary within ten working days of the date of return to the place of departure.
18. INSURANCE AGAINST COSTS OF CANCELLATION OR FOR REPATRIATION – VARIOUS INSURANCE POLICIES
While the obligation remains for the organizer and the intermediary to stipulate a suitable third party liability policy pursuant to Article 50 of Legislative Decree 79/2011, the tourist is nonetheless entitled to stipulate insurance policies which, for travel abroad, guarantee the immediate repatriation of the tourist in the event of emergencies attributable or otherwise to the behavior of the organizer or the intermediary and which ensure that the tourist will be provided with assistance, also of an economic nature. These policies can also guarantee, in the event of insolvency or bankruptcy of the intermediary or the organizer, the reimbursement of the price paid for the purchase of the tourist package. If the costs for assistance and repatriation are sustained or paid in advance by the competent public administration body, the insurance company is obliged to refund the latter directly.
In any case, the Ministry of Foreign Affairs may request of the parties concerned the total or partial reimbursement of the expenses borne for the assistance and repatriation of persons who, in a foreign country, deliberately exposed themselves – with the exception of cases with justified reasons related to the practice of professional activities – to risks that they would have been aware of had they followed the rules of normal diligence. The tourist is also entitled to stipulate, at the time of booking, insurance policies guaranteeing assistance, e.g. covering the costs deriving from the cancellation of the package, injury and luggage or health insurance.
19. APPLICABLE LAW - COMPETENT COURT
The tourist package and the travel contract are governed by Italian law.
The Court of Chieti will have exclusive territorial jurisdiction over any dispute arising between the Parties with respect to the validity, creation, performance, execution or termination of this Contract.
20. GUARANTEE FUND
The National Guarantee Fund operates out of the Presidency of the Council of Ministers – Department for the Development and Competitiveness of Tourism, in order to allow, in the case of insolvency or bankruptcy of the seller or organizer, the reimbursement of the price paid and the repatriation of the tourist in the case of travel abroad, and in order to provide immediate economic aid in the case of enforced return of tourists from non EU countries during emergencies attributable or otherwise to the behavior of the organizer.
Applications to the fund for reimbursement are not subject to any limitation period, except the statute-barring of the right to reimbursement. The fund is make avail itself of the right to seek reimbursement from the defaulting party.
21. MANDATORY COMMUNICATION
LAW 269/98 ART. 16 FOR ITALIAN LAW OFFENCES RELATING TO PEDOPHILIA, PROSTITUTION AND CHILD PORNOGRAPHY ARE CRIMINAL OFFENCES AND THEREFORE ARE PUNISHABLE BY IMPRISONMENT EVEN IF COMMITTED ABROAD.
22. PROTECTION OF PRIVACY
The tourist hereby authorizes the organizer to use and to transmit his personal data to third parties in relation to obligations connected with this contract (Legislative Decree 196/2003).
Informative Note pursuant to art. 13 of Legislative Decree 196/2003
Pursuant to art. 13 of the Legislative Decree 196/2003, we hereby inform you that the purchase of tourist package requires the process of your personal data, which will be carried out in full respect of your rights and fundamental liberties, with special reference to the privacy protection applicable law and, in any case, in compliance with the minimum security measures provided by the law.
On this regard, we hereby inform you that your personal data will be processed for institutional purposes, related or connected to the activities of our company, including:
- a) execution of travel services, and the deriving operations, or any other operation contractually agreed;
- b) performance of legislative obligations provided by fiscal and accounting regulations in force;
- c) operational and managerial internal needs of Satam Viaggi (Satam Viaggi S.r.l.) and related to the service provided, with particular, but not exclusive, reference to activities performed within the course of ordinary administration and accounting purposes; and, subject to the acquisition of his free consent, specific and distinct
- d) provide, via e-mail (newsletter) or mail, information and/or assessment questionnaires on the products or services provided by Satam Viaggi (Satam Viaggi S.r.l.), marketing initiatives, advertising and promotional activities reserved for Satam Viaggi (Satam Viaggi S.r.l.) client and implemented by itself or by subsidiaries, parent, affiliated or otherwise connected and for the foreign transfer of personal data for customer care activities.
Notwithstanding that as regards the processing of personal data related to the execution of the contract and to the performance of legal obligations is not required the specific consent to data processing pursuant to art. 24, paragraph 1, letters a) and b) of Legislative Decree no. 196/2003, please be informed that the provision of data and consent to data processing for the purposes set out above under letter d) is free and you will have the right to object at any time for such processing, easily and free of charge by contacting the Data Processor, including through the use of electronic mail, getting an immediate response confirming that the interruption of this process; notwithstanding the above, however, the refusal to provide the requested personal data may make it impossible to take advantage of certain services and benefits to customers Satam Viaggi (Satam Viaggi S.r.l.) reserved. In accordance with and within the limits provided by the provisions of General Measure of the Privacy Authority of 1 July 2008, No. 188 / C, Formula 6, a, b, c, sending information or advertising can also be done without your specific consent, save your right to object at any time and provided that such promotional activities relates to goods and services of Satam Viaggi (Satam Viaggi S.r.l.) and similar to those of a previous sale in your favor. The data processing can be done by computer, paper, digital, electronic, magnetic. The data collected will be kept and stored at the company headquarters: Satam Viaggi, Via Picena 52, 66100 Chieti.
In compliance with the minimum security measures, your data may also be disclosed to the public safety and other public and private entities for the fulfillment of obligations under the law, fiscal, administrative, financial and similar. In no event the data will be disclosed. At any time you will be able to exercise your rights towards the data processor in accordance with Article 7 of Legislative Decree no. 196/2003, allowing you to obtain a confirmation of your personal data and their communication in intelligible form. You will also have the right to obtain updating, rectification, integration and deletion of data. Finally, you will have the right to object, in whole or in part, for legitimate reasons, the processing of personal data, even for the purpose of collecting and sending advertising materials or direct selling or for carrying out market research or commercial communications by contacting the Data Processor, where is also available, on request, the complete and updated list of Data Controllers.
The Data Processor is SATAM VIAGGI SRL having its statutory registered office in SAN GIOVANNI TEATINO, Via Aldo Moro, n. 114, Prov. CH, CAP 66020, and its place of business at Via Picena n. 52 number, in 66100 - Chieti (CH).